land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2010 examinations. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit‚ where applicable‚ for other points not addressed
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This assignment will discuss some of the interests which can exist in land‚ and how they can affect a third party who wishes to purchase the property. By considering the creation of such interests‚ it can be assessed how they are protected against third parties in the registered system and then consider how the protection differs in the unregistered system. Richard has entered into a written agreement to purchase a freehold estate from Vanessa. He has been informed about the interests relating to
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Land Law Leases 1. Introduction Leases in general may be the most valuable category of interest in land other than freehold estate. A lease may also constitute a legal estate. In some cases‚ such as flats‚ it may even replace freehold as the operational form of “ownership”. On the other hand‚ a lease is also a contract between two parties. It serves important social functions‚ sometimes much more than land ownership‚ and therefore has been receiving unyielding attention from the legislature
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Question 1 This Problem concerns the enforceability and remedies of leasehold covenants between landlords and tenants‚ and their successors in title. The ground floor lease is granted before 1 January 1996 and so the covenants are governed by a mixture of statute and common law. The first and second floor leases were granted in 2001 after the coming into force of the Landlord and Tenant (Covenant) Act 1995 and are dealt with under this statutory regime. Ground Floor On the facts the original
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priority as set out in the Land Registration Act 2002 s.29 covering registered charges‚ interests protected by notice or those which override the purchaser interests. 12 When dealing with interests protected by notice Shehan as the buyer should have checked the register prior to the completion of the sale and inspected the land for any evidence of overriding interests. Should there have been any actual (registered) or constructive (evidentiary) notice of interests in the land then he will be subject
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The need to provide for boundary adjustments in a registered title land system by Malcolm M Park* Graduate student Department of Geomatics‚ The University of Melbourne and Ian P Williamson Professor of Surveying and Land Information Department of Geomatics‚ The University of Melbourne ianpw@unimelb.edu.au Abstract The practicalities of a modern land administration system require some means of boundary adjustment (or repair). Of the possible mechanisms it is concluded that an alternative to adverse
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registered mortgagee of Bridgman House. The effect of expiry of s 92 Property Law Act. A fixture is anything that was once personal property that has become affixed to the land as to become a part of the land and part of the real property.1 The essential question here is whether it has become so affixed to the land that it is part of the Equity Finance Limited security and has to remain on site with the expiry of s 92 Property Law Act 1952. The starting point is the test set out in Holland v Hodgson (1872)2
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are the criteria for a joint tenancy to exist? Land of Property Act (“LPA”) 1925 Section 36 states that there are four unities to be display. The unities are as follows: Unity of Possession - All parties must be entitled to possession of the whole land‚ and may not exclude each other as co-owners. Unity of Interest - The co-owners must each have the same interest in the land. Unity of Title - All co-owners must receive their interest in land under the same document. Unity of Time - Each co-owner’s
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Covenant The word covenant‚ what does it mean to me and why is it important in my study of the Old Testament? The word covenant is a pact or agreement between two or more parties. The word covenant is far more descriptive and endearing when we seek to describe God’s reaching out to man. I know that God is a covenanting person. He only enters into relationship through covenant. And so with that said we are covenant people. The word Covenant is all thru out the Old Testament
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What is the difference between leasehold and freehold tenures? In leasehold tenures‚ the transfer of property requires the State or its equivalent to approve. For permanent title‚ there are few restrictions on the transfer of property. Unlimited rights segmentation and integration are controlled by urban planning. When state land is disposed of by the state authority to an individuals in perpetuity for an indefinite period‚ lease lengths vary and most common are 99‚ 125‚ 500 and 999 years. It is
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